TBA Law Blog


Posted by: Kreis White on Apr 29, 2015

JENNIFER WALDEN v. CENTRAL PARKING SYSTEM OF TENNESSEE, INC., ET AL.
Court: TN Court of Appeals

Attorneys:

David H. Dunaway and Rick A. Owens, LaFollette, Tennessee, for the appellant, Jennifer Walden.

R. Kim Burnette and Stacie D. Miller, Knoxville, Tennessee, for the appellees, Central Parking System of Tennessee, Inc. and Fort Sanders Regional Medical Center.

Judge: SWINEY

Jennifer Walden ("Plaintiff") sued Central Parking System of Tennessee, Inc. ("Central Parking") and Fort Sanders Regional Medical Center ("Fort Sanders") for negligence after she allegedly suffered injuries as a result of a fall in a parking garage located in Knoxville, Tennessee. Defendants filed a motion for summary judgment. The Circuit Court for Knox County ("the Trial Court") granted defendants summary judgment after finding and holding, inter alia, "that no alleged fault on the part of the defendants was the cause of plaintiff's accident and injuries, that the same occurred due to her own failure to observe the open and obvious condition of the premises that was there to be seen, and that reasonable minds could not differ on this issue." We find and hold that there is a genuine disputed issue of material fact regarding whether Plaintiff's fault was greater than defendants'. We, therefore, reverse the grant of summary judgment and remand this case for further proceedings.

.PDF Version of Case

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